Employer Guide To

A Strategic Approach to Employment-Based Green Card Sponsorship

Help retain key employees, support long-term workforce stability, and navigate an increasingly complex immigration environment with confidence.

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Retain Key Employees

Support workforce continuity and strengthen long-term employee retention through thoughtful immigration planning.

Strategic Guidance

Navigate evolving immigration requirements with proactive legal guidance focused on compliance, preparation, and long-term planning.

A Trusted Partner

Responsive, strategic, and practical support for employers managing complex workforce and immigration decisions.

The PERM labor certification process is most commonly used for employers to sponsor foreign national employees for permanent residence, also known as a green card, in the United States.

Sponsoring an employee through the PERM process can be a powerful way to retain top talent and allow employees to remain in the U.S. long term.

Sumner Immigration Law helps you seamlessly navigate the process.

How It Works

The 3 Stages of the PERM Green Card Process

1

PERM Labor Certification

We conduct the required labor market test to demonstrate that there are no qualified U.S. workers available for the position and prepare the PERM labor certification filing with the Department of Labor.

Estimated Timeframe
20 to 24+ Months
→
2

I-140 Immigrant Petition

Once the PERM application is approved, we prepare and file the I-140 petition with USCIS to establish the employee’s eligibility and the employer’s ability to pay the offered wage.

Estimated Timeframe
6 to 9 Months
→
3

I-485 Application or Consular Processing

The final stage involves the employee’s green card application through adjustment of status (I-485) or consular processing, depending on the employee’s circumstances and visa availability.

Timeline Varies
Based on Priority Date and
Visa Availability

Detailed Stage Breakdown

1 PERM Labor Certification

The goal of the PERM process is to establish that no qualified U.S. worker meets the minimum requirements for the position.

During this stage, we help employers:

Develop a compliant sponsorship strategy

Prepare required recruitment steps and advertisements

Document applicant responses and recruitment documentation

Prepare and file the PERM application with the Department of Labor

Maintain required audit and compliance documentation


Our approach focuses on strategic planning, compliance, and proactive preparation throughout the process.

2 I-140 Immigrant Petition

After PERM approval, we prepare and file the I-140 immigrant petition with USCIS.

This stage commonly includes:

Documentation of the employee’s qualifications

Evidence of the employer’s ability to pay the offered wage

Strategic planning regarding H-1B extensions and long-term timing considerations

For many H-1B employees, reaching certain stages of the green card process may help preserve eligibility for H-1B extensions beyond the standard six-year limit.

3 I-485 Application or Consular Processing

When an immigrant visa becomes available, the employee may proceed with adjustment of status or consular processing.

Depending on the case, this stage may include:

I-485 green card application filing

Employment authorization (EAD)

Advance parole travel authorization

Consular processing guidance

Ongoing immigration strategy and planning

Government processing times and visa availability can change significantly over time, making proactive planning especially important.

Frequently Asked Questions

How long does the PERM process take?

Processing times vary significantly depending on government backlogs, case strategy, visa category, and employee country of birth. Many cases now take multiple years from start to finish. However, there are practical benefits for both the employer and foreign national at key milestones throughout the process.

Who is responsible for paying costs related to the PERM process?

The legal and advertising fees associated with the PERM labor certification process (stage 1) must be paid by the employer.

For the I-140 petition and the I-485 or consular processing portions, either the employer or the employee may pay. The decision of who pays which fees may vary depending on:

  • company policy,
  • the stage of the case,
  • and the specific immigration filing involved.

Because payment responsibilities can be nuanced, many employers benefit from discussing sponsorship strategy, compliance requirements, and cost planning with experienced immigration counsel before beginning the process.

What happens if the employee leaves the company?

Each situation is different. We help employers understand timing considerations, risks, and available options based on the specific stage of the case.

When should employers start the process?

Many employers now begin evaluating sponsorship options earlier than in the past due to increased processing times, H-1B limitations, and workforce planning considerations. A variety of factors can impact the timing, but we usually encourage employers to start considering if they want to offer this as a possibility starting by the second or third year (or sooner) of the employee’s H-1B status.

Is an employer required to sponsor an employee for permanent residence?

No. Sponsorship is voluntary and should align with the employer’s workforce and business goals. If an employer chooses not to sponsor foreign national employees for permanent residence, the employees will likely be limited in how long they can remain in the U.S. We often help employers think strategically about sponsorship

Is PERM impossible if U.S. workers apply?

No. Employers must follow the required recruitment process and evaluate potentially qualified applicants, but they are not automatically required to hire someone simply because they applied.

Can the employee keep working while waiting?

Often, yes, but it depends on the employee’s current immigration status, expiration dates, and overall green card strategy. We help employers and employees plan ahead.

What if the employee is outside the United States?

If the employee is outside the U.S., they may complete the final stage through consular processing once the priority date is current.

Strategic Immigration Planning for Long-Term Workforce Stability

Whether you are evaluating sponsorship options for an foreign national employee or planning long-term workforce needs, our team can help you navigate the PERM process strategically and proactively.

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